Library

The key differences between private equity M&A and strategic M&A, including investment goals, sources of funding, deal complexity, management retention, and break-up fees.

An introduction to fraud carve-outs and the issues parties consider when defining fraud, such as who’s liable, whose knowledge matters, what types of fraud claims can be brought, and what statements can form the basis for a fraud claim. Features interviews with ABA M&A Committee members Glenn West from Weil, Gotshal & Manges LLP and Tali Sealman from White & Case LLP.

A nuanced look into how to work with your expert on the opinion section of their report. Walks through a detailed hypothetical to teach how to effectively probe your expert about the analysis and reasoning behind their opinion, then illustrates how to help your expert plan, organize, and ultimately draft the opinion section.

Explains what assignment provisions do, why certain language is included, and how change of control relates to assignment.

A review of the typical process for closing a lending transaction, from picking a closing date, to conditions precedent and conditions subsequent, closing checklists, preparing for closing, and closing day.

An overview of avoidance actions in a corporate restructuring, with a focus on preference actions and actual or constructive fraudulent transfers and conveyances.

How to nail your oral argument, both in person and virtually; how to draft your brief persuasively; and how to make sure everything in your brief is cited properly.

The basics of due diligence and closings in M&A deals. Includes an overview of the diligence process, tips for conducting due diligence, the closing process, the differences between simultaneous and delayed closings, and guidance on drafting key closing documents.

This program teaches lawyers about various aspects of two advanced M&A concepts found in acquisition agreements – materiality scrapes and sandbagging. It covers drafting and negotiating tips and buyer and seller perspectives.

How and why emerging companies raise venture capital. This track covers the main VC funding stages, documents associated with each stage, the structure and role of VC firms, and their relationships with clients.

This program covers the structure of private equity funds, key deal types, how PE firms approach transactions, and the differences between strategic M&A and Private Equity M&A.

Advanced guidance on expert reports and rebuttals, including how to work with your expert to help them effectively plan and draft their reports. Focuses on the Opinions section, but then looks closely at the other sections of the report as well. Also gives strategic advice on drafting Daubert motions and Daubert oppositions. Covers specific ways to attack and defend an expert’s methodology, as well as how to select the best arguments.